HSB 218 (LSB 2584YC (2) 88)

HOUSE FILE _____ 

BY  (PROPOSED COMMITTEE ON AGRICULTURE BILL BY CHAIRPERSON PAUSTIAN)

A BILL FOR

An Act relating to weight limitations for certain implements of husbandry. 
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 321.463, subsection 4, Code 2019, is amended to read as follows:
   4.  a.  (1)  Self-propelled implements Notwithstanding any provision of this section to the contrary, the weight on any one axle of a self-propelled implement of husbandry used exclusively for the application of organic or inorganic plant food materials, agricultural limestone, or agricultural chemicals, unless traveling under a permit issued pursuant to section 321E.8A, shall be operated in compliance with this section.
   b.  (1)  Notwithstanding any provision of this section to the contrary, the weight on any one axle of or an implement of husbandry that is a fence-line feeder, grain cart, or tank wagon, when operated on the highways of this state, shall not exceed twenty-four thousand pounds from February 1 through May 31 or twenty-eight thousand pounds from June 1 through January 31, provided, however, that the maximum gross vehicle weight of the fence-line feeder, grain cart, or tank wagon implement of husbandry shall not exceed ninety-six thousand pounds.
   (2)  Notwithstanding any provision of this section to the contrary, a tracked implement of husbandry operated on the highways of this state shall not have a maximum gross weight in excess of ninety-six thousand pounds.
   (3)  b.  A fence-line feeder, grain cart, tank wagon, or tracked An implement of husbandry shall comply with the other provisions of this section and chapter when operated over a bridge in this state. A local authority may issue a special permit, based on a statewide standard developed by the department, allowing the operation over a bridge within its jurisdiction of a fence-line feeder, grain cart, tank wagon, or tracked an implement of husbandry with a weight in excess of the weights allowed under this chapter.
   (4)  c.  For purposes of this paragraph “b”:
   (a)  “Highway” subsection, “highway” does not include a bridge.
   (b)   “Fence-line feeder, grain cart, or tank wagon” means all of the following:
   (i)  A fence-line feeder, grain cart, or tank wagon manufactured on or after July 1, 2001.
   (ii)  After July 1, 2005, any fence-line feeder, grain cart, or tank wagon.
    Sec. 2.  Section 321E.7, subsection 4, Code 2019, is amended to read as follows:
   4.  Notwithstanding subsections 1 and 2, a self-propelled implement of husbandry traveling under a permit issued pursuant to section 321E.8A may exceed the maximum axle loads prescribed under section 321.463 only when operated on a noninterstate highway in a county covered under the permit, provided the weight on any one axle does not exceed twenty-five thousand pounds or the maximum load for any one axle set forth under section 321.463, subsection 4, for the particular day, whichever is greater, and provided the current and valid permit is carried in the vehicle. However, a vehicle traveling under a permit issued pursuant to section 321E.8A is not exempt from posted weight limitations on bridges.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   Under current law, a self-propelled implement of husbandry used exclusively for the application of organic or inorganic plant food materials, agricultural limestone, or agricultural chemicals is required to operate in compliance with Code section 321.463 (maximum gross weight). However, if a self-propelled implement of husbandry is issued a permit for excessive size and weight pursuant to Code section 321E.8A, it may exceed the maximum axle loads prescribed under Code section 321.463 provided the weight on any one axle does not exceed 25,000 pounds. Without a permit for excessive size and weight, the weight on any one axle of a fence-line feeder, grain cart, or tank wagon may be up to 24,000 pounds from February 1 through May 31 or 28,000 pounds from June 1 through January 31, provided the maximum gross weight of the vehicle does not exceed 96,000 pounds.
   This bill applies the limitations set forth for a fence-line feeder, grain cart, or tank wagon to a self-propelled implement of husbandry used exclusively for the application of organic or inorganic plant food materials, agricultural limestone, or agricultural chemicals.
   The bill strikes a provision that altered the definition of “fence-line feeder, grain cart, or tank wagon” prior to July 1, 2005.
   The bill provides that a self-propelled implement of husbandry that has been issued a permit for excessive size and weight may exceed the maximum axle loads prescribed under Code section 321.463 provided the weight on any one axle does not exceed 25,000 pounds or the maximum load for any one axle set forth under Code section 321.463(4) for the particular day, whichever is greater.
   Under Code section 321.1, an “implement of husbandry” is a vehicle or special mobile equipment manufactured, designed, or reconstructed for agricultural purposes and, except for incidental uses, exclusively used in the conduct of agricultural operations. “Implements of husbandry” includes certain all-terrain vehicles, fence-line feeders, and vehicles used exclusively for the application of organic or inorganic plant food materials, organic agricultural limestone, or agricultural chemicals. To be considered an implement of husbandry, a self-propelled implement of husbandry must be operated at speeds of 35 miles per hour or less.